Darby & Assocs. v. Fed. Deposit Ins. Corp

In Darby & Assocs. v. Fed. Deposit Ins. Corp., 141 Ga. App. 78, 79 (1) (232 SE2d 615) (1977), within thirty days after the foreclosure sale instituted by two creditors, one of the creditors was adjudicated insolvent and the other filed a bankruptcy petition. Id. at 78. Both creditors continued in existence, but could function only through their respective liquidator (the FDIC ) and bankruptcy trustee. Id. at 79. Given their fiduciary capacities, the Court held that the liquidator and the trustee were "persons instituting the foreclosure proceedings" as contemplated by the confirmation statute. Id. at 78-79. In so holding, we reasoned that the legislature did not intend for those types of changes in creditor circumstances to result in the changes to the rights of debtors. Id. at 79.